U.S. Enforcement Agencies Release Second Edition of FCPA Resource Guide
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- On July 3, 2020, the U.S. Department of Justice and U.S. Securities & Exchange Commission released a new edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act, updating the landmark FCPA guidance first published in 2012.
- Among other significant updates, the new edition revisits the availability of conspiracy and aiding-and-abetting theories under the FCPA’s anti-bribery and accounting provisions, and notes that DOJ will employ a six-year statute of limitations for criminal violations of the accounting provisions.
- The Guide also includes important new commentary regarding applicable legal standards, recent case law, key DOJ policies, and successor liability and related best practices in the M&A context.
- Although not binding on the agencies, the Guide provides valuable insights into DOJ's and the SEC’s current views regarding FCPA enforcement.